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Bombay High CourtCA/10984/2023delay condonatedrejected

Jagannath Bhagwan Tandale And ORS v. Union Of India Through The General Manager, Mumbai And ORS

2023-10-12Hon'Ble Shri Justice Arun R. Pedneker1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 994 CIVIL APPLICATION NO.10984 OF 2023 IN FAST/26741/2023 JAGANNATH BHAGWAN TANDALE AND ORS

VERSUS

UNION OF INDIA THROUGH THE GENERAL MANAGER, MUMBAI AND ORS ...

Advocate for Applicants : Mr. S.B. Bhosale AGP for Respondents 3 & 4 : Mr. B.V. Virdhe ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 12/10/2023 PER COURT :

1.

Heard the learned counsel for the respective parties. The present first appeal is filed by the appellants/claimants along with application for condonation of delay of 1492 days caused in filing the appeal. 2.

The learned counsel for the appellants/claimants submits that the claimants are uneducated, their lands are compulsorily acquired, they have lost their livelihood and meager amount of compensation is granted to them. Due to financial difficulties, they could not file appeal in time. The learned counsel for the appellants/claimants further submits that the claimants will not claim the interest for the delay period caused in filing the appeal.

3.

For the reasons stated in the application and in view of the statement made by the learned counsel for the appellants, the delay of 1492 days caused in filing the appeal is condoned. The delay condonation application is allowed, subject to condition that the appellants shall not be entitled for the interest and statutory benefits for the delayed period. 4.

Issue notice in the first appeal, returnable on 7.12.2023. 5.

Connect and list First Appeal No. 3697/2022 with the present appeal.

[ARUN R. PEDNEKER J.] ssc/